Construction contracts: law and management (3rd edition)
Murdoch, J.R. and Hughes, W. (2000) Construction contracts: law and management (3rd edition). E & F N Spon, London, pp381. ISBN 9780419261704
Full text not archived in this repository.
This book is aimed primarily at students for whom the study of building or civil engineering contracts forms part of a construction-based course. We have had in mind the syllabus requirements for first degrees in Building, Civil Engineering, Architecture, Quantity Surveying and Building Surveying, as well as those of postgraduate courses in Construction Management and Project Management. We have also assumed that such students will already have been introduced to the general principles of English law, especially those relating to contract and tort. As a result, while aspects of those subjects that are of particular relevance to construction are dealt with here, the reader must look elsewhere for the general legal background. In producing this third edition, we have again been greatly assisted by the many helpful comments made by reviewers and users of its predecessor. Nonetheless, our basic aim is identical to that which underpinned the first edition: to provide an explanation of the fundamental principles of construction contract law, rather than a clause-by-clause analysis of any particular standard-form contract. As a result, while we draw most frequently upon JCT 98 for our illustrations of particular points, this merely reflects the pre-eminent position occupied by that particular form of contract in the UK construction industry. We conclude by repeating our previous warning as to the dangers inherent in a little learning. Neither this book, nor the courses for which it is intended, seek to produce construction lawyers. The objective is rather to enable those who are not lawyers to resolve simple construction disputes before they become litigious, and to recognize when matters require professional legal advice. It should be the aim of every construction student to understand the legal framework sufficiently that they can instruct and brief specialist lawyers, and this book is designed to help them towards that understanding.
Abrahamson, M. (1984) Risk management. International Construction Law Review. 1(3), 241–64. Anderson, A.J., Bickford-Smith, S., Palmer, N.E. and Redmond-Cooper, R. (1995) Emden’s construction law. London: Butterworths. Andrews, J. (1983) The age of the client. Architect’s Journal. 13 July, 32–33. Arden, M. (1996) Privity of contract: contracts for the benefit of third parties: item 1 of the sixth programme of law reform–the law of contract. Law Com; no. 242. London: HMSO. Aqua Group. (1986) Pre-contract practice for architects and quantity surveyors. 7th ed. Oxford: BSP Professional Books. Aqua Group (1999) Tenders and contracts for building. 3rd ed. Oxford: Blackwell Scientific. Banwell, G.H. (1964) The placing and management of contracts for building and civil engineering works. London: HMSO. Bennett, J. and Jayes, S. (1998) The seven pillars of partnering. London: Thomas Telford. Bertinelli, E. (1985) Risk identification and sharing: the ‘all-inclusive’ price. In: Procs. International Bar Association and Institution of Civil Engineers conference, ‘Basic crucial issues in major construction projects’, London. Bishop, D. (1994) The professionals’ view of the Health and Safety Commission’s draft Construction (Design and Management) Regulations. Construction Management and Economics. 12(4), 365–72. Bound, C. and Morrison, N. (1991) Contracts in use. Chartered Quantity Surveyor. January, 9–11. Bowley, M. (1966) The British construction industry. Cambridge: Cambridge University Press. Bresnen, M. (1990) Organizing construction: project organization and matrix management. London: Routledge. British Property Federation. (1983) Manual of the BPF System. London: BPF. Brown, J.C. (1988) Will the JCT’s new management contract stand the test of time? (Part 2) Building Technology & Management. April/May, pp10–11. Brown, H.J. and Marriott, A.L. (1993) ADR principles and practice. London: Sweet & Maxwell. Building Economic Development Committee (1983) Faster building for industry. London: National Economic Development Office. Building Economic Development Committee (1988) Faster building for commerce. London: National Economic Development Office. Bunni, N.G. (1985) The spectrum of risks in construction. Report of the Standing Committee on Professional Liability. Lausanne: Fédération Internationale des Ingénieurs Conseils. Capper, P. (1997) Arbitration and adjudication after 1996: practice, procedures and opportunities. Construction Law Journal. 13(6), 369–393. Carpenter, J.B.G. (1981) The UK system of construction procurement and what is wrong: how to improve it. RICS Quantity Surveyor’s 12th Triennial Conference, 7–9 April. Cecil, R. (1988) RIBA indemnity research: risk avoidance. London: RIBA publications. Charmer, K. (1990) Definitions of project management. Bulletin of the Association of Project Managers. 2(7), March. pp18–19 and 3(1) June, pp13–14. Cherns, A.B. and Bryant, D.T. (1984) Studying the client’s role in construction management. Construction Management and Economics. 2(2), 177–184. CIRIA (1984) A client’s guide to management contracts in building. Special Pubn. No. 33. London: Construction Industry Research and Information Association. Dawson, S. (1996) Analysing organizations. 3rd ed. Basingstoke: Macmillan. Evans, R.W. (1978) Hallmark of real change. Building. 20 Jan, p71. FIDIC (1989) Guide to the use of FIDIC conditions of contract for works of civil engineering construction. Lausanne: Fédération Internationale des Ingénieurs-Conseils. Gordon, A. (1987a) (chairman) Co-ordinated project information: guide. London: Co-ordinating Committee for Project Information. Gordon, A. (1987b) (chairman) Project specification: a code of procedure for building works. London: Building Project Information Committee. Gordon, A. (1987c) (chairman) Common arrangement of work sections for building works. London: Building Project Information Committee. Gray, C. and Hughes, W.P. (2000) Building design management. London: Arnold. Greenwood, D.J. (1993) Contractual arrangements and conditions of contract for the engagement of specialist engineering contractors for construction projects. London: CASEC. Gutman, R. (1988) Architectural practice: a critical view. New York: Princeton Architectural Press. Haswell, C.K. and de Silva, D.S. (1989) Civil engineering contracts: practice & procedure. 2nd ed. London: Butterworth. Hawk, D. (1996) Relations between architecture and management. Journal of Architectural and Planning Research. 13(1), 10–33. Hawker, G. (1999) ICE conditions of contract: 6th and 7th editions compared. London: Thomas Telford. Hayes, R. (1986) Who carries the risk? Management contracting – yesterday, today and tomorrow. Building Technology & Management. June, pp 42–5. Hayes, R.W., Perry, J.G., Thompson, P.A. and Willmer, G. (1987) Risk management in engineering construction. Swindon: Science and Engineering Research Council. Health and Safety Executive (1994) Managing construction for health and safety: approved code of practice. Bootle: Health and Safety Executive. Hollands, D.E. (1989) FIDIC’s provision for amicable settlement of disputes. International Construction Law Review. 1(1), 33–43. Honeyman, S. (Chmn) (1991) Construction management forum: report and guidance. Centre for Strategic Studies in Construction, University of Reading. Hughes, W.P. (1989) Organizational analysis of building projects. Unpublished PhD Thesis, Department of Surveying, Liverpool Polytechnic. Hughes, W.P. (1997) Construction management contracts: law and practice. Engineering, Construction and Architectural Management. 4(1), 59–79. Hughes, W.P., Gray, C. and Murdoch, J.R. (1997) Specialist trade contracting: report. London: CIRIA Publications. Hughes, W.P. and Greenwood, D.G. (1996) The standardization of contracts for construction. International Construction Law Review. 13(2), 196–206. Hughes, W. P., Hillebrandt, P. and Murdoch, J. R. (1998) Financial protection in the UK building industry: bonds, retentions and guarantees. London: Spon. Huxtable, P.J.C. (1988) Remedying contractual abuse in the building industry. Technical Information Service No. 99, Ascot: Chartered Institute of Building. Institution of Civil Engineers (1994) New engineering contract. London: Thomas Telford. Institution of Civil Engineers (1995) Engineering and construction contract. 2nd ed. London: Thomas Telford. Institution of Civil Engineers (1998) The professional services contract. 2nd ed. London: Thomas Telford. Joint Contracts Tribunal (1987a) Practice Note MC/1: Management Contracts Under the JCT Documentation. London: RIBA Publications. Joint Contracts Tribunal (1987b) Practice Note MC/2: Commentaries on JCT Management Contract Documentation. London: RIBA Publications. Joint Contracts Tribunal (1988) Practice note 20: deciding on the appropriate form of JCT main contract. London: RIBA Publications. Joint Contracts Tribunal (1989) The use of standard forms of building contract. London: RIBA Publications. Joint Contracts Tribunal (1992) Practice note PCC/1 and guide. London: RIBA Publications. Joint Contracts Tribunal (1989) Practice Note CD/1A. London: RIBA Pubns. Joint Contracts Tribunal (1998) The JCT standard form of building contract, 1998 edition. London: JCT Publications. Latham, M. (1994) Constructing the team: final report of the government/industry review of procurement and contractual arrangements in the UK construction industry. London: HMSO. Lawrence, P.C. and Lorsch, J.W. (1967) Organization and environment: managing differentiation and integration. Massachusetts: Harvard University Press. Masterman, J.W.E. (1992) An introduction to building procurement systems. London: Spon. NJCC (1994a) Code of procedure for single stage selective tendering. London: National Joint Consultative Committee for Building. NJCC (1994b) Code of procedure for two stage selective tendering. London: National Joint Consultative Committee for Building. NJCC (1994c) Joint venture tendering for contracts in the United Kingdom. London: National Joint Consultative Committee for Building. NJCC (1995) Code of Procedure for Selective Tendering for Design & Build. London: National Joint Consultative Committee for Building. Pain, J. and Bennett, J. (1988) JCT with contractor’s design form of contract: a study in use. Construction Management and Economics, 6, 307–337. Parris, J. (1985) Default by sub-contractors and suppliers. London: Collins. Phillips, R. (1999) A guide to RIBA forms of appointment 1999. London: RIBA Publications. Property Advisors to the Civil Estate (1998a) GC/Works/5 General conditions for the appointment of consultants. London: The Stationery Office Property Advisors to the Civil Estate (1998b) GC/Works/5 model forms. London: The Stationery Office Property Advisors to the Civil Estate (1998c) GC/Works/1 model forms and commentary. London: The Stationery Office Relph-Knight, L. (1985) Project management. Chartered Surveyor Weekly. 11, 11 April, QS supplement, p9. Robertson, I.T. and Cooper, C.L. (1983) Human behaviour in organizations. Plymouth: Macdonald & Evans. Robinson, P. (1989) Design and builders. Architect’s Journal. 23 Aug. Rougvie, A. (1987) Project evaluation and development. London: Mitchells. Royal Institute of British Architects (1997) Code of professional conduct. London: RIBA Publications. Royal Institute of British Architects (1999) SFA/99: standard form of agreement. London: RIBA Publications. Royal Institution of Chartered Surveyors (1988) Conditions of engagement for building surveying services. London: RICS. Royal Institution of Chartered Surveyors (1992) Appointment of a quantity surveyor. London: Surveyor’s Publications. Schwarz, C. (editor) (1993) The Chambers dictionary. Edinburgh: Chambers Harrap Publishers. Scott, W.R. (1981) Organizations: rational, natural and open systems. Englewood Cliffs, NJ: Prentice-Hall. Seppala, C.R. (1995) The new FIDIC International civil engineering subcontract. International Construction Law Review. 12(1), 5–22. Shilston, A.W. (1988) Reconciliation in the Construction Industry. Arbitration. Feb, pp 45–54. Skinner, D.W.H. (1981) The contractor’s use of bills of quantities. CIOB Occasional Paper No. 24. Ascot: Chartered Institute of Building. Spiers, G.S. (1983) The standard form of contract in times of change. Ascot: Chartered Institute of Building. Thompson, A. (1999) Architectural design procedures, 2nd ed. London: Arnold. Thompson, J.D. (1967) Organizations in action. New York: McGraw-Hill. Tjosvold, D. (1992) The conflict-positive organization. Massachusetts: Addison-Wesley. Uff, J. (Ed.) (1997) Construction contract reform: a plea for sanity. London: Construction Law Press. Valentine, D.G. (1989) The ICE conditions of contract for minor works. Construction Law Journal. 5(2), 107–16. Wainwright, W.H. and Wood, A.A.B. (1983) Variation and final account procedure. 4th ed. London: Hutchinson. Wakita, O.A. and Linde, R.M. (1995) Professional practice of architectural working drawings. 2nd ed. London: Wiley. Wallace, I.N.D. (1986) Construction contracts: principles and policies in tort and contract. London: Sweet and Maxwell. Wallace, I.N.D. (1995) Hudson’s building and engineering contracts. 11th ed. London: Sweet and Maxwell. Woodward, J. (1965) Industrial organization: theory and practice. London: OUP.
Repository Staff Only: item control page